HUMMEL AUCTION

AUSTIN AUCTION COMPANY, AUSTIN , TEXAS
CONDITIONS OF SALE FOR AUCTION OF FEBRUARY 6, 2004

PLEASE READ SHIPPING TERMS AT
PARAGRAPH 10.

1. The offering and sale of property by Austin Auction Company is subject to the following conditions of sale that may be modified or supplemented by oral announcements prior to, or during the sale. By bidding at this auction each purchaser and bidder agrees to be bound by these conditions of sale. We may be contacted as follows: Telephone: (512) 258-5479, Fax: (512) 219-7372, E-Mail: austinauction@cs.com. Our mail and physical address is: Austin Auction Company, 8414 Anderson Mill Road, Austin, Texas, U.S.A., 78729.

2. All property is sold by lot and all bids are per lot as numbered in the catalog. All consignors have made written representation that they have good title to the property. Austin Auction Company makes no independent warranty of title. All property is sold “AS-IS”, and all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for purpose are specifically disclaimed by Austin Auction Company and their consignors. Austin Auction Company also disclaims all warranties arising from course of dealing and usage in the trade and descriptions published in this catalog as to condition and measurements. No warranty, express or implied, is made as to the transference of intellectual property rights. Buyer assumes risk of loss upon being declared high bidder.

3. Bidders at this auction may bid in person, or if they are pre-registered and approved, they may bid by written absentee bid, by telephone, or by using the Internet. The auctioneer reserves the right to reject a bid from any bidder. A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. Photos and descriptions have been posted on the Internet and we encourage phone calls, e-mail or fax contact to answer questions. Internet bidders are encouraged to review each lot and be prepared to bid quickly. The auction company has no liability for missed bids. The auctioneer will, without liability, determine the bidding increments and maintains sole authority to resolve disputes. Lots may be auctioned with reserve and auctioneer may bid on behalf of the reserve without further notice. Neither Consignors or their agents are allowed to bid on their own items.

4. All bidding at the auction and purchases will be in U.S. Dollars. A buyer’s premium in the amount of 15% of the successful bid will be added to the amount of the successful bid price for all lots purchased at the auction. Buyers are responsible for applicable sales taxes. If items are purchased for resale a valid resale tax number must be presented. Internet purchases must be paid for within 5 days of completion of auction.
. IT IS POSSIBLE THAT E-BAY MAY NOT NOTIFY AUSTIN AUCTION COMPANY AS TO THE IDENTITY OF SUCCESSFUL BIDDERS UNTIL SEVERAL DAYS AFTER THE CONCLUSION OF THE AUCTION. THUS, WE MAY NOT CONTACT YOU IMMEDIATELY. PLEASE BE PATIENT. E-BAY BIDDERS ARE EXPECTTED TO PAY FOR PURCHASES WITHIN FIVE DAYS OF NOTIFICATION BY AUSTIN AUCTION COMPANY OF THEIR TOTAL AMOUNT DUE. NAMES OF BIDDERS FAILING TO PAY WILL BE REPORTED TO E-BAY PROMPTLY. All other bidders must pay for purchases in full within one hour of the conclusion of the auction. Payment may be made by approved credit cards which are limited to Visa, MasterCard, American Express and Discover (WE DO NOT ACCEPT PAYMENT THROUGH PAY-PAL). Checks are accepted only from Texas residents with a valid Texas driver’s license.

5. If we are prevented by fire, theft, damage, or any reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.

6. The auctioneer(s) conducting this auction is licensed by the Texas Department of Licensing and Regulation, PO Box 12157, Austin, Texas, 78711, (512) 463-2906, and protected through a recovery fund administered by the department. Any unresolved complaint can be directed to the department. Auctioneer in charge is Ross Featherston, license 8069.

7. Statements contained in the catalog or in any bill or sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance exhibition and literature of historical relevance, or physical condition are qualified statements of opinion and not representations or warranties. For the purpose of this auction, measurements and weights are noted in the catalog. These are approximate and noted for the purpose of assisting in shipping calculations only. However, no warranty or guarantee, express or implied, is offered as to the accuracy of these measurements or weights. No employee of Austin Auction Company is authorized to make on our behalf or on behalf of the consignor any representation or warranty, oral or written, with respect to property. Austin Auction Company reserves the right to withdraw any lot an any time before it is sold.

8. All paid for property shall be removed from our premises at the purchaser’s expense no later than 5:00 P.M. following the sale date, except property purchased by Internet bidders. If not so removed a storage fee of $25.00 per day will be payable to us by the purchaser beginning on the 11th day following the sale until the property removal, and we may transfer the property to a public warehouse at the purchasers risk and expense, or we may sell the property at public auctions and the proceeds will be retained as liquidated damages.

9. Internet purchases must be removed from the auction premises no later that 21 days following the auction. Failure to do so will subject purchases to the remedies in paragraph No. 8 herein.

10. Packing, handling, and shipping of purchased lots is the sole responsibility and strictly at the option of the purchaser. Austin Auction Company does not provide packing or shipping services. However, we recommend purchasers consult with Mr. George Georgulas. His phone number is 512-789-0425 and e-mail is store0076@theupsstore.com. He is independent of Austin Auction Company and Austin Auction Company receives no remuneration from shipping business derived from this auction. He operates two UPS. stores in Austin, Texas.

Buyers are responsible for applicable sales taxes.